Jobstown, is it an example of a two tier corrupt system?

The following is based on a facebook debate where protagonists argue whether the State's reaction to a community demonstration in Jobstown, Tallaght on November 15, 2014, is a 'two tier corrupt application' of the law or whether it is due legal process.  

There is no doubt that the State's reaction will incur massive costs.  To date it has involved Dawn raids by Gardaí long after the initial incident, the arrests of and charge of 'false imprisonment' on 21 selected demonstrators including Paul Murphy, TD, the use of jury less courts,  the conviction of a 15 year old in the Children's Court, Oct,  2016,  splitting the case up into 'manageable lots', where the next batch will be tried on April 24, 2017, then the next on Oct 2,  2017 and the final lot on April 9,  2018, a span of some 3 years. It would be logical to think that such an intense, selective reaction was the result of high level decisions taken by Government and it's legal apparatus.

Incidentally at an initial court case earlier this year Judge Melanie Greally made an judgement, based on a 'placement of a comma',  to split up the defendants into 'manageable lots'.

Mr Enda Craig (EC) argues that the reaction of the State is an 'example of a two tier corrupt application of the law whereas Mr Martin Lavelle (ML) takes the status quo line that it is due process.    Mr Craig refers to an Irish Times article ' Farm protesters vent anger over Reps cuts as Minister visits cheese plant' July 17 2009.

 

Repenter by Benny Andrews

Repenter by Benny Andrews

EC
http://www.irishtimes.com/news/farm-protesters-vent-anger-over-reps-cuts-as-minister-visits-cheese-plant-1.700984
“I’m disappointed with the lack of stewarding by the IFA officers as Minister Smith left the plant – we had agreed with them that it would be a peaceful protest, but they failed to honour that undertaking and several of my officers were assaulted as a result,” Supt MacEoin said, adding that no arrests were made........................Two senior Guards assaulted and knocked to the ground. Minister's car pummeled and kicked. Farmer lies on ground and prevents the Minister's car from moving. Broke all agreements with the Guards regarding the protest and would you believe it, after all that, nobody arrested - nobody charged. These facts speak for themselves.

 

EC
I believe that more notice should be given to the detail contained in the above article. It highlights, in stark terms, the two-tier corrupt application of the law in comparing the attitude of senior Gardai to farmer protests as against a working class protest in Tallaght

 

ML
It highlights that the IFA leaders made an agreement, which some of their members broke and their subsequent action to protect the Minister versus the situation in Tallaght where the leaders escalated the protests. A complete difference.

EC
 I can only hope that you slip off the point of the needle that you are presently dancing on and that the subsequent jag gives you a serious injection of reality. I admire your tenacity but your reasoning is with the fairies - non-existent - in logic anyway.

ML
However, my reasoning complies with the law. Yours doesn't. We can wait to discuss when the Goat is in jail.

EC
 I think i need to check your driving license - with special emphasis on the points section - or are you just an out and out ' born again ' apologist.

ML
You can check all you like. You won't find me on pulse.  I believe in the Rule of Law. I always slow to 50 in a 50kph area.

EC
Two senior Guards assaulted and knocked to the ground. Minister's car pummeled and kicked. Farmer lies on ground and prevents the Minister's car from moving. Broke all agreements with the Guards regarding the protest".....and you consider this lawful.......'All looks yellow to the jaundiced eye' -- you are beyond retrieval - past the point of no return. You mightn't be on the Pulse list but there is a list out there that you should definitely be on -- men in white coats come to mind.

ML
The difference is that in one case, individuals broke the law against their leaders agreement and efforts versus the Tallaght situation where the leaders caused and encouraged the breaking of the law. One involves individuals, the other is organized crime.

EC
Who exactly do you consider to have been the " Leaders " in the Tallaght protest. Your presumptions are yet another example of your distasteful haste to label 'innocent until guilty ' individuals before they are accorded due process. It is not for you to become Judge and Jury as it conflicts mightily with your ' dubious ' claim to be an advocate of the Rule of Law. In my opinion, for you, it is a very movable feast.

ML
Why were you supporting the youth last week against the Courts and the law. A week is a long time in your interpretation of our legal system.

EC
 HINEYBIRD!  You know what a hineybird is, don't you ? A hineybird is a bird that flies in circles, increasingly smaller concentric circles, until it disappears into its own behind.................. You have finally arrived.

EC
You continually and forcefully support and defend a system that is corrupted beyond redemption. It was assembled and applied in the first instance by our Colonial Masters and then added to, fine tuned and continued to be applied, to this day

ML
The fundamental principles of democracy involved laws, courts and police to protect the public and uphold the law. All left wing states have failed. Their revolutions were short-lived. People came back to realise that democracy was the best option for society. Maybe you are 200 years behind the rest of us.

EC
 They have cynically manipulated, twisted and turned the complete ethos ( word meaning "character" that is used to describe the guiding beliefs or ideals that characterise a community, nation, or ideology ) of Democracy ( the belief in freedom and equality between people ) into a self-serving pretense. We live in a make-believe, assembled and structured for the 'Elites ' only, type of Democracy. We have treated the principles of Democracy in the same way we have and are treating European legislation. The authorities connive and dissipate ten times more energy and resources into trying to ' work round ' European Law than if they would do it properly as required the first time. The guiding principles have been " interfered with " in the worst possible way and only those who benefit from this contorted pretense have the neck to defend it regardless of the truth staring them in the face.

MC
Comrades, time for all of you to go. Bye bye. You do not have 80% support. More Likely 2-3%. Try taking some reality tablets.

EC
"They have purchased half of us and intimidated the other half.".....................So said Pearse at the grave of O'Donovan Rossa 100 years ago in reference to the policies and behaviour of the Colonial powers ruling Ireland at that time. Mostly all we did was change the flag.

ML
Pearse or Pierce was a Cromwellian import. Don't quote him.

EC
At least he was honest and had the courage to do something ( as he thought ) about it. .........'Plus ca change, plus cest la meme chose'......... very, very appropriate.

ML
I heard that they are going to do a few more Father Ted shows. They are looking for comedy writers. You all could qualify. In my youth I often heard that the symptoms that you exhibit were down to bullocks notions. Good luck with the medication and the fiction.

EC
Your ' little ' world has revolved around a slide-rule and theodolite where every calculation is either black or white - right or wrong. You know and care nothing about the world, the people and the struggles that lie in between. You mock from your well heeled, well insulated, well remunerated position of the professional classes and it's indeed a sad reflection on your outlook as regards your fellow man. The system in this country is in need of a serious overhaul but you have landed on the right side of the line and as you see it, that will do. It is plain you have spent your time in a cossetted, safe, easy, call a consultant little world and viewed everything through the prism of your rose-tinted specs. You have retired to ' Fr. Jack ' country so sit back and every now and again spout your nonsense from your half-lit slumbers.

 

Source:  Facebook, Oct 2016 - you probably need to have signed up to read full thread.


"Who breaks a butterfly upon a wheel?"

Our apology to Gene Kerrigan for taking this extract from his article 'The tax laws are now a la carte, for some' in last Sunday's Irish Independent.  However, it is a good analogy for what the State is prepare to do, to abuse a 17 year old Irish student in pursuit of underlying agendas.  It has dragged a youth through the judicial system,  a jury less court and convicted him with 'false imprisonment'.  It was the first case in a series of cases against the Jobstown protesters.  

Gene Kerrigan

Gene Kerrigan

There's been a bit of a war going on, between the shameless bastards and the rest of us. Not an all-out conflict, just guerrilla actions here and there.

In recent days we've seen groups of organised labour attempting to win back some of that which was taken from them over the past eight years.

Bus drivers, teachers and gardai used limited industrial action to try to retake ground conceded following the bailout of bankers and builders.

Another area of conflict has been the Irish Water scandal. This erupted when Fine Gael, Fianna Fail and Labour sought to produce a revenue stream from the water supply, which could then be privatised.

This sneaky and always-denied strategy was stymied by a grassroots revolt, people from all around the country who knew they were being scalped.

One of the consequences of this conflict popped up in the courts on Thursday, when a juvenile who took part in a protest against Minister Joan Burton was found guilty of "false imprisonment".

I read Independent.ie's report of the judge's summing up of the prosecution evidence. Sorry, M'Lord - I don't see the imprisonment, false or otherwise, but no doubt you are wise and good.

The civil disobedience tactic of the sit-down protest has been well-chronicled, from Gandhi through to Martin Luther King, in civil rights and labour struggles. An Irish court has now reconstituted this act as "false imprisonment". The credentials of the juvenile involved were given to the court and he seems uncommonly public-spirited, usefully engaged with his community. He's had the full weight of State power dumped on him over the past two years.

Some day someone will write an academic study of the precise steps taken by the State to bring all its forces to bear on what seems to have been the mild actions of a 15-year old.

For now, we can only quote the conservative journalist William Rees-Mogg, in turn quoting Alexander Pope. Rees-Mogg used Pope's phrase when commenting on the UK State's overbearing effort to jail Mick Jagger: "Who breaks a butterfly upon a wheel?"

The late Judge Adrian Hardiman, who died suddenly seven months ago, was often critical of journalists, and some of us returned the favour. But from his early days as a lawyer he had a genuine concern about the tension between the power of the State and the rights of the individual. What a pity that, should the "false imprisonment" appeal reach the Supreme Court, we won't hear his views on this most unusual case.

While labour and community groups have had mixed fortunes in the conflict, it's widely understood that the rich are enjoying some sweet victories.

source: Irish Independent, Oct 23, 2016


Trial date set for Murphy over false imprisonment charge

 
Paul Murphy and 17 others are facing charges related to an incident in Jobstown in November 2014

Paul Murphy and 17 others are facing charges related to an incident in Jobstown in November 2014

A trial date has been set for Anti-Austerity Alliance TD Paul Murphy and 17 other people facing charges of false imprisonment of then tánaiste Joan Burton following a water charges protest in Jobstown two years ago.

Ms Burton and her advisor Karen O'Connell had left a graduation event at An Cosán Education Centre at Jobstown in Tallaght when a demonstration was held, which delayed her for about two hours on 15 November 2014.

She and her team had been attempting to travel by car to St Thomas' Church for the rest of the ceremony when it is alleged violence broke out.

Among the defendants are Dublin Councillor Kieran Mahon, 38, of Bolbrook Grove, Tallaght; Anti-Austerity Alliance Councillor Michael Murphy, 50, of Whitechurch Way, Ballyboden; and Paul Murphy, 33, of Kingswood Heights, Tallaght.

Judge Melanie Greally set three separate trial dates at Dublin Circuit Criminal Court today after she said she had grouped the accused together based on what charges they are facing.

Paul Murphy, Michael Murphy and Kieran Mahon are due to be tried with four others, each of whom are charged with false imprisonment, on 24 April 2017. A pre-trial date has been set for 7 December next.

The second trial of six people accused of false imprisonment is due to take place on 2 October 2017 with a pre-trial date hearing for 8 June 2017.

The final trial of five people accused of violent disorder has been set for 9 April 2018 with a pre-trial date set for 13 December 2017.

Source: RTE News